Residential rights of surviving spouses: a theoretical analysis of the inheritance legislation in Kosovo and trends of progress
Session
Law
Description
The purpose of this paper is to examine the legal protections for survived spouses' residential rights. From the old Roman system to modern rights, the survivor spouse's position has changed dramatically throughout history. Kosovo's inheritance law grants the surviving spouse the right to use the residential-marital facility where he lived during the marriage until his death or remarriage. If the residential object is sold or otherwise alienated, the surviving spouse receives the necessary object of residence. In order to ensure the application of this right, residential rights have been discussed even during the most significant changes in the country's civil legislation.
The paper is divided into two sections: the first presents the current regulation and the contradictions that can be caused from the legal amendments, based on article 24, paragraph 3 of the Constitution of the Republic of Kosovo for the necessary measures for their protection and progress to be forced and for groups in an unequal situation to be applied only for specific purposes; and the second analyzes whether the trends of progress guarantee that positive discrimination and affirmative action measures will be successfully implemented.
Keywords:
residential rights, survival spouses, inheritance legislation, Kosovo
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-50-5
Location
UBT Kampus, Lipjan
Start Date
29-10-2022 12:00 AM
End Date
30-10-2022 12:00 AM
DOI
10.33107/ubt-ic.2022.253
Recommended Citation
Xhafaj, Jorida, "Residential rights of surviving spouses: a theoretical analysis of the inheritance legislation in Kosovo and trends of progress" (2022). UBT International Conference. 260.
https://knowledgecenter.ubt-uni.net/conference/2022/all-events/260
Residential rights of surviving spouses: a theoretical analysis of the inheritance legislation in Kosovo and trends of progress
UBT Kampus, Lipjan
The purpose of this paper is to examine the legal protections for survived spouses' residential rights. From the old Roman system to modern rights, the survivor spouse's position has changed dramatically throughout history. Kosovo's inheritance law grants the surviving spouse the right to use the residential-marital facility where he lived during the marriage until his death or remarriage. If the residential object is sold or otherwise alienated, the surviving spouse receives the necessary object of residence. In order to ensure the application of this right, residential rights have been discussed even during the most significant changes in the country's civil legislation.
The paper is divided into two sections: the first presents the current regulation and the contradictions that can be caused from the legal amendments, based on article 24, paragraph 3 of the Constitution of the Republic of Kosovo for the necessary measures for their protection and progress to be forced and for groups in an unequal situation to be applied only for specific purposes; and the second analyzes whether the trends of progress guarantee that positive discrimination and affirmative action measures will be successfully implemented.